Should homosexual men and lesbian women be allowed to marry under the regular marriage law? This has been a hot topic lately in Norway, in public debate and in the national elections. A proposal for an amendment to the present law will probably come soon.
The Issue
Many gays and lesbians want to be able to marry according to the regular marriage law. They think homosexual people should have the same rights as heterosexuals to organize their lives as they like.
Others claim that a marriage can only be between a man and woman. They point out that this is the way it has always been. Marriage is a cornerstone in society and cannot be changed. The strongest opposition comes from religious authorities. The view of the Church is that homosexual relations go against the word of God. Sexual contacts between men have been condemned by law for centuries. In Norway, the prohibition was in fact removed as late as 1972.
Even after that, gay couples had no legal protection of their relationship. When it came to housing, tax, insurance and pension rights, gay couples were treated differently from married couples, sometimes also from unmarried heterosexual couples.
Gay organizations campaigned for legal rights. The result was the Gay Partnership Law, which came into effect in 1993. Norway was the second country in the world – after Denmark – to pass such a law. Later, several other countries have introduced similar laws.
Today many people claim that time has come to replace the partnership law with a revised marriage law which is valid for homo- as well as heterosexuals.
Partnership or marriage?
Many consider partnership to be a second-class institution compared to marriage. They point to differences in legal status but also the important symbolic value of homosexuals being treated on equal footing with heterosexuals.
One difference is that gay partnership couples do not have the right to be considered for adopting children. This provision is based on the assumption that it is not good for a child to grow up with parents who are homosexual.
The symbolic value of equality is also important. Even today many gays and lesbians keep their private lives hidden and are afraid of being found out. Only a small number live openly with a partner and have their union registered. Equal treatment will make it easier for gay people to become open – to “come out of the closet”. More people will be open towards family, friends and colleagues. They will have better lives.
LLH, the Norwegian national association for lesbian and gay liberation, has long demanded that Norway must amend its marriage law to accommodate homosexual as well as heterosexual couples. While the matter has remained at a standstill in Norway, such amendments have been made in The Netherlands, Belgium, Canada and Spain. Norway is no longer in the forefront of gay rights.
Law or Religion?
Marriage can be considered in two ways. It is first and foremost a legal regulation, a contract between two persons and between them and society. Religious factors are irrelevant. In many countries a non-religious wedding is mandatory. A religious ceremony may be added for those who wish to do so, but it is without legal implications.
In contrast, those who have a Christian view of life consider marriage to be a relationship between humans and God. They put emphasis on the Scriptures and the opinions of Church authorities. Also in other religious communities, many people look to religious traditions when it comes to marriage and cohabitation.
In Norway, religious institutions have the right to contract marriages. It is also common to marry in church, even for people who may not be particularly interested in religion. The wedding becomes a religious event in addition to being a civil one. Many people therefore mix up legal and religious arguments when discussing the issue of gay marriage rights.
Many gays who are devout Christians wish to have their relationship recognized in a Christian context. Some obtain a Church ceremony, where such a ceremony is available. But those possibilities are few.